The farmers' alliance. (Lincoln, Nebraska) 1889-1892, December 13, 1890, Image 5
THE FARMERS' ALLIANCE: LINCOLN, NEB., SATURDAY, DEC. 13, 1890. THE CONTEST. A. Case That .Will Go Down In History. A Remarkable Showing of . Election Outrages in Omaha. IT IS TRIED IS TWO CASES. Boyd's Title to the Guberna torial Chair Must Stand on Its Own Merits. BOYD ADVISES-ASD USES VIOLENCE. Ho Peats a Voter With a Club Incendiary Speeches to Foreigners. A Historic Case. The taking of testimony in what will go down in Nebraska's political annals as a celebrated case began Thursday. Not only will tie people of Nebraska in years to come quote as a precedent the contests ot the Independent candidates against the democratic' candidate for governor aud tbe republican candidates for the' other state offices, but in will be a case'for frequent reference for other states. Pursuant to 'the notices of contests served according to the requirements of law, the taking of the testimony which will bo laid before the legislature was begun Thursday forenoon. The attor neys for the contestants are Lamb, Riek- etts & "VTilson of Lincoln; Allen, Rob inson & Reed of Madison; and V. O. Strickler of Omaha. The coutestees are each represented by different counsel. Boyd is represented by Harwood & Ames of Lincoln, 'and John C. Cowiu and John D. Howe of Omaha; Majora and Hill by C. L. Hall of Lincoln; Ben ton by L. Y. BUIiDgsley and -D. G. Court nay of Lincoln; Hastings, by his partner "MoGintie of Crete; Allen, by Gen. C. J. JJilworth ot Hastings; Hum-' phrtv bv H. M. Sullivan of Broken Bow and Thos. Darn all of Lincoln; Ooudy, by J. K. Goudy of Pawnee City. The useless complications that would result from the hearing ot" half a dozen cases involving the same matter and the same witnesses was disposed of before the taking of testimony was begun by t ie signing of the following, stipula tions: "In the matter of the contest in the case of W. II. Dceh vs. Thomas J. ' Majors for lieutenant governor, of the state of Nebraska: C. N. May berry vs. John C. A! leu for the office of secretary of state of tha state of Nebraska; J. . Wolfe vs. John E. Hill, fox the office of . . . p XT. 1 1. - . treasurer ot tne state 01 .weorasKa; John Batie vs. Thomas II. Benton, for the office of and it or .of public accounts of the state of Nebraska; d. VV. JiXiger ton vs. George II. Hastings, for the, office of attnrnev-general of the state of Nebraska; W. F. Wright vs. Augustin It. Humphrey, for the office of commis sioner of public lands and buildings of tho state of Nebraska; A. D'Allemand vs. Alexander K. Goudy. for the office of superintendent of public instruc tion." It ia hereby stipulated and agreed by and between each of the above named contestants and coutestees that the tes timony of the witnesses iu each of the above entitled contests shall so far as taken at Lincoln, Neb., be taken to gether before , notary public on-behalf of each and all of the contest ants, and before . notary pub lic, on behalf of each aud all of the above named contesteos. The above named contestants shall be entitled to have one stenographer, and the above named contest a nts shall be entitled to have one stenographer. The testimony of each of the witnesses produced and sworn on behalf of either the contest ants or contest. es shall be extended by the stenographers for each of said con tests, and compared copies thereof shall be furnished each contestant and' con feree. The evidence of each of the witnesses produced and sworn shall be evidence in each of the said contests in the same manner as though the same was taken separately. The notaries taking the testimony as herein provided sha'i attach a com par eel copy of the extended evidence to the notice of contest in each of the entitled cases and transmit the same with the notice to the secretary of state as required by law, which shall be the evidence in said case3 of contest re- . spcctively. E ;eh of said contestants and contestec s hereby expressly waive the subscription and signing of the said several depositions by the witnesses respectively that shall be produced and sworn. Each of these said contestants and coutestees may be represented by sepa rate counsel in the taking of .the evi dence in tbd same manner as if taken 111 each of the eases separately. Each of the parties, contestants and coutes tees shall be entitled to take objections and exceptions to evidence in the same manner and with thQ fame effect as if the evidence was taken in each case separately. In witness whereof, the above named contestants and contestees have hereunto subscribed their names respectivel'." Pursuant to thesa stipulations A. S Tibbetts was selected by Boyd's attor- neys and B. F. Johnson by Powers' at torneys. To try the contest on the other state office's Frank Waters was selected by the republican contestants awd A. W. Scott by the contestees. - N. S.'llarwoo I conducted the exami nation for Boyd and V. O. Strickler, as sisted by H. H. Wilson, for Powers. Mr. Harwood opened his defense by putting on record a 'general objection ' to the proceedings because-the law does not provide for a contest for any elec tion wherein no canvas of the returns has been made, as there is no authentic way of knowing who will be declared elected: second, because the law pro- vides for the taking of testimony before one notary in one place, whereas in the nresent instance the notice calls for the taking of testimony before four differ- ent notaries in lour different places; third, because thrf notice pf contest had not been served upon the contestee within the time fixed by the statute; many bonka and one of the ablest or ttuuu w ivmv.v mrrr women, is. at tbe Hire of 70 ped on deck. fourth, because the notice did jiot con tain facts sufficient to constitute grounds for the contest. The first winess called was . Sarn'McLeod, who testified that he lived at 1444 South Twenty-eighth street in Omaha. Har wood objected to taking testimony in Lincoln about an Omaha election and made the same objection when each witness was called. McLeod testified: Saw no violence or any breach of the peace while at the polls; saw no one take tickets away from any one; a few ' days before the election witness was at l a meeting of the ward republican club, j and before the meeting came to order j C. L. Chaffee said that if any prohibi tienists attempted to challenge voters they ought to clubbed away from the , polls, and he would see that they WOULD BE CLUBBED. The feeling was worked up to a pitch to allow no party to. peddle amendment tickets at the polls; the leaders of the parties bad agreed to allow no challen ges. There was intimidation against these peddling amendment tickets. He was threatened for peddling republican tickets with the amendment on. The keeper of the tlog pountt in Omaha threatened TO KILL A NEGRO who had brought some prohibition workers to the polls if he did not take them away; they were not voters. Two other men were" heard making threats. The men who made the threats were supporters of Boyd for governor; they assumed to control the polls, as if no orie else had any rights. Their general ' tenor was foul and profane; they were ; personal rights men; many republicans scratched Richards' name and put on 1 B.oyd's; they were all for Boyd. Saw no tickets with pasters on; don't know ; that any were used. The police made no effort to control the crowd and did not seek to prevent these men from using foul and profane language, nor did the judges of election. This was in the first and third precincts of the Sev enth wartl. Cross-examined by Harwood: Saw no men prevented from voting for Powers or Mr. Richards; heard no in timidation against voting for Richards or Powers; it was on all the amendment questioa; the foul language and threats used was not directed against voters in ; those precincts and no one was prevent-' ed from voting. j E. E. Eiving Reside on Sonth-Twenty-Third street," ; Omaha; am a qualified voter in the , sixth district of the second ward; went J to the polls at 10 a. m ; several persons j were there, probably 10Q or 150; 1 n T r. t . . . .- am a ; Svvedish Luthern minister; think I saw persons wearing personal rights league he shou d carry out these laws with re badges, but am not certain as to ihat ' gard to this liberty that they had given, precinct; so also with Poyd badges; an t enort.was made to P!nLm? ;,rora I V (JLiuj witcu A went iu liic puna iucio i was no such tickets as I wanted; went to the third district to get such a ticket; ' luiue puna iuclc , returned In about two hours; some one had reported that I was a prohibitionist; they ail rushed for me; had not my ticket fully prepared and the crowd pushed me about so that I could not nrenare it. Witness thn went, on to tell how the polideroen at' first declined ! to see the people pushiug him, but finally stood and protected him with his rdnh while hftchancftd his ticket. Thftn the officer' escorted him to the polls while he voted and then led him awav and advised him to go home, as he would not answer for his safety. He had voted for Powers. . As the officer led him away the crowd -cried out: "LET US KILL HIM," and "Let us go and hang him." He finally went home at the. solicitation of friends who knew that he was a' prohi- j " bitionist. At the third district he saw i three men who were peddling amend- j ment tickets struck. One had a dog thrown at him which struck hirn in the face. Another was pushed off the side walk into a hole and struck on his head. The assailants wore personal rights badges and were for Boyd. A police man declined to arrest them. Witness was abused by the crowd which called him "the biggest rascal in the world." Saw tickets taken away from two men. The crowd threatened to arrest them, v saying that they were peddli g bogus tickets. It seemed to him that the po lice were in sympathy with the bois trous element. Cross-examined: The tickets objected to had the names of Boyd, Richards and Powers upon them, and were ob jected to because they were for the amendment. A man who worked for a groceryman named Hunt afterwards told witness that Richards should not be voted for because he was for prohibi tion; saw no one prevented from voting for Powers; know of no case in either of the precincts;. was at one of the polls two hours. Redirect: Saw no challenger in either of the prec'nets. ' Do not think it would have been safe to stand at ihe polls and challege Boyd votes at the sixth ward. Recross: Do not know that it would not have been safe for a man who had hot made himself obnoxious to the crowd as a prohibitionist to stand at the polls and challenge Boyd votes or any other kind. ' In answer to Mr. Strickler witness said that in his opinion, had there been no prohibition question, Boyd would not have received nearly as many votes as he did. They said that Mr. Boyd had made pledges such that all who opposed prohibition favored him. To Mr. Harwood: The city of Omaha was very much opposed to prohibition; never heard that Mr. Boyd had said in his speeches that if prohibition were adopted he would enforce it; didn't know that Mr. Boj'd resided in Omaha; supposed his popularity was due to the fact that lie stood in with the whisky ring; thought the whisky ring com prised the brewers and saloon keepers. George W. Clark of 1509 North Twentieth street, Omaha, was sworn. Voted in the Sixth ward, second precinct; favored the amend ment; wr.s peddling all kinds of amend ment tickets; various devices were in dulged in to dispossess him of inde I pendent tickets, such as by soliciting tickets from him two or three at a time until he declined to give them out in that Way, when they began to abuse him; couldn't say who abused him didn't know their names; saw no per sonal rights badges; the crowd kept de- j mauding to see the dlinjr; among the tickets he was ped crowd was Henry Voss, who asked to see tickets; witness ' held them up in front of Voss' face, who threw his left arm over witness' richt, grabbed his wrist and tore the tickets in , two and scattered them to the wind, re- " marking, "That's the way to treat the s of a b-f ." A little later some one took hold of witness' aim an. not f pre 'f I " ibly nor yet gently, drew him out of the crowd. When they were clear the stranger remarked, "I wank to five you an option." Witnessed asked what it was and the man, who professed to be a friend, tolduina, "You better get right out of here or you will GET TOUR, NECK STRETCHED." Witness, before he left, stepped up to Voss and remarked, "I will have you arrested as soon as I get down town." "AH right," replied Voss, "I'll get in the buggy and go right down town with you." Witness thought it would have been unsafe to challenge Boyd votes, especially were the challenger a prohi bitionists. A bunch of the torn tickets was identified and offered in evidence. From what witness saw and heard, Boyd was the favorite candidate with this mob..' " Cross-examined: ,Saw no one pre vented from voting for Mr. Powers. Mr. Paine or Mr. Riehards. Witness voted an open ticket for Paine. The feeling was on the amendment; did not call oni a policeman for piotection and did not r have Vosa arrested. - , . Anthony Johnson testified that he was rotten-egged in the sixth precinct of the Sixth' ward; that his tickets were taket away from him, even being taken out of his pockets; that some W. C. T. U. ladies who visited the poll3 were subjected to the whole code of indignities. FRIDAY FORENOON. The sensation of Fridty forenoon.was the testimony of Silas W. Wilson. Mr. Wilson is a member of a band that was engaged to play at one of the meetings of the Personal Rights league. Mr. Boyd had addressed this league and evi dently did not understand that there was anybody present who did not sub scribe to his views. What he said was said in evidence of good faith to the whisky cause and not necessarily for publication. BOYD ADVISES REBELLION. Mr. Wilson's testimony on this re markable speech as Mr. Boyd's was as follows: r Boyd after he was introduced made a ; few. preliminary remarks, praising up the old country people, saying he was glad to see them here and welcoming them here, as citizens of the United J States, and also the principles of free speech, free action, .free thought and everything of that kind. He told them of the oppression they had to suffer in the old country and that they were here .. . j I ..... I j I , . . j 1 - .j . i A. auu siiuutu ijb uiauc welcome; auu luat as a party and as a peopla in America and he stated that after they had come 0hi8.co"ntr7.aml Jf.k u? : 1 .iuuw auu uecoiue ciuzeuso! uie umieu States, "if there is any law made m this country that is contrary to your per- sonal rights, you would b justified, if , against it." I was there at the time, j hired by the party, as ope of the music ians in the band. I turned to the band members and made this remark. I said "Anarchism" and called their at tention to it. W. B. Prush testified as follows, his testimony bein Deing ogiven in lull: Lxamined by O. Strickler on behalf of the contestant Q. Where did you reside on the 4th day of November of this year? A. 3414 Fowler avenue, Omaha. Q. That is in Douglas county, "Ne braska? .A. Yes, sir. . - . Q. How long have you resided in Omaha? A. About four years. Q. Were you a voter in the city of ' jmana? A. ies, sir. Q. In what ward do you reside? A, in the bixth ward. Q. In wnat precinct of that ward? A. The second precinct. Q. You voted at the second precinct of the Sixth ward? A. Yes sir. I did. Q. Were you at the polls during that time? A. Yes sir. Q. You may state whether or not any effort was made to prevent you from voting. Q. At what precinct . were you stationed tkat day? A. I thiak it was the Fourth or the Second. The polling place was Fifteenth and Williams. Q. You mean the fourth precinct of the Second ward? A. Yes sir. Q,. What ticket did you handle on that day? A. I handled the demo cratic, republican, independent and prohibition tickets with "For the Amendment" printed on all of them. Q. State whether or not Mr Poweis' name appeared on those tickets. A. Yes sir. - , Q. Did any person or persons at tempt to take those tickets away from you that day? A. Yes sir. Q. Did they succeed? A. Yes sir. Q. Did any person offer violence to you at that precinct that day? A. Yes sir. Q. Now state how or in what way did they offer violence, to jrou? A. Well I was pulled and hauled aud kicked and struck with stones, that was the manner. Q. About how many people were around the polling place? A. I should say there was 200 or 300 probably. u. Uid any ot them wear Personal Rights League bades? A. Yes,- a very large number of them. . Q. Did any of them wear Boyd badges? A. Yes sir. Q. Do you know who the men wear ing Personal Rights League badges fa vored lor governor? A. 1 did not ask all of them. . Q. State if you know, I do not care where your information is derived from. A. I know they were generally for Boyd. I know this by their conver sation. Q. Did any of those persons wearing the Personal Rights League badge also wear the Boyd badge? A. Yes. sir. Q. You may state what part they took in the demonstrations there at the poll ing place. A. Well they seemed to be the ring-leaders. Q. Were the tickets that , you had bearing the name of Powers taken away from you and destroyed? A. Yes sir : :t.- Q. You 6tated a moment ago you were shoved and shuffled and nicked about, now did those men wearing Boyd and Personal Rights badges take any hand in that fuss?- A. Yes sir. Q. Did you give those men - any occa sion for the violence to you? '. A. Well, I do no know on what grounds they offered the violence, I had said nothing offensive, as I supposed to anybody; in fact, I said nything to anybody. Q. You had no personal , difficulty with those men? A. No sir. Q. You had no altercation with them they were strangers to you? A. Yes, sir. ' T" " " . ' . 1 - - - muss manage to escape unknown to oarticulara: but in this it is a crand 1. Q. Why was it they assaulted you? A. Well, I think it was their position to the amendment that caused it, I think so. Q. For whom were those men work ing for governor, if you know. A. Well, I could not say who all of them were worfiing for. I said a while ago that the majority of them were work ing for Boyd, from their conversation. Q. Were there any policemen at that precinct? A. The first time I attended there there was one deputy sheriff and one policeman that I know of, that is there was a man who wore the star of the depnty sheriff and one metropoli tan policeman. Q.- Did those policemen interfere while those men were assaulting you? A. No sir. Q. Did you appeal to them for pro tection. A. Yes sir. Q. What did they say? A. He did not sav'inythiDg. Q. "They simply ignored your re quest? A. Yes sir. Q. 'Do you know whether the police men witnessed any of these acts them selves?" A. They were standing look ing at it. They were in a position to know; they could see it, had they desired. I think so. Q. About how close were they stand ing? A. I went right up by the side of one of them and was pulled away and as saulted by some one and struck. B. You was right by the side of the police? A. Yes sir. Q. Did he attempt to arrest any par ties? A. No sir. Q. Were you permitted to stay at that precinct all day? A. I staid there about five minutes the first time, I think; Q. Then what did you do? A. I saw my, life was in danger; I felt that, and started to leave the polling place, and was not permitted to leave it peaceably; I was assaulted with stones and pieces of coal and brickbats and such like missiles. Q. Who threw those missiles at you? What class of men threw those missiles at you? A. It was the rabble that fol lowed; that is all that I know about it. Q. The same persons who had made assaults on you at, the precinct? A. I do not know whether they were iden tically the same. - Q. Did any of them wear badges? A. Yes, sir. That is the crowd who followed me. Q. You may you were hit by state whether .or not any of those missiles. A. Ies, sir, 1 was struck nve times. Q. Whereabouts were you struck? A. I was struck three times on the head and twice en the back with stones or hard missiles. Q. State, whether or not you were knocked down by any of those missiles. A. ' Yes sir, twice. Q. State whether or not your head noi Tcut bTenbut the skm wasT was cut open. A. Well my head was n wCArfl ,hnnt(1 ar,d whnt r.art, nf fl df A x tMnk it ws just jrobably a scratch, a flesh wound, but noty great;you can see it yet, I ' Q. The kin was cut open and bled freely did it? A. The blood ran down on my neck some, yes sir. - Q. I believe you were knocked down twice. Did the policemen at that time offer to interfere? .-A. Well, I was knocked down, the polling place was at Fifteenth and Williams, but I started off to Sixteenth street, and just as I got to the corner of Sixteenth and went to step off the curb and get into the street, I was knocked down once and then once in the middle of the street. O. Did th8 police at that time inter fere? A. The police, I do not think, left the polling-place, that was one block away, and there was no ice there that I know of. Q. Do you mean to say that the crowd followed you four blocks from the polling-place and then knocked you down twice? A. Yes sir, and still further. Q. How far did they follow you? A. Weil, 1 think they followed us from that corner north, somewhere probably about a block at that time. Q. Still a block further on? A. Yes, sir. Q. And that would make two blocks from the polling place? A.. Yes, sir. Q. Was there any other person than vou at that time. A. Yes sit. Q. State who it was. A. Charles B. Elton. Q. State what he was doing there. A. We were sent there at the request of the non-partisan amendment committee to work for the amendment. Q. Did - he have tickets similar to those you held. Q. You may state whether or not his tickets were taken away from him. A. Yes sir. , Q. And by whom were those tickets taken? A. By the same class of peo ple. . Q. Did he receive any further vio lence at their hands? A." Not at that time. 1 may state where you went from there. A. I went to the police headquarters. Q. Who did you go thereto see? A. I went to see .the chief. Q. WThat is his name? A, Mr. Seavev. Q. State what conversation you had with Chief Seavey. A- I think the language that I used to the chief was this: That the polls at that poinfwas in the hands of a mob. and I might have 6tated the precinct wrong to him. because I did not know; at tnat time I thought it was the Second or the First. Q. But you have since learned it was the. Fourth or the First. A. Yes sir. Q Well what further conversation did you have with him? A. I asked him if there was any means by which a citizen could could be protected at the polls in Omaha. ,- What did he say? A. tie says "yes." and he instructed the sergeant to take the wa&ou an accompany us back to the polling place? if we wished to go, and I told him we wanted to go. Q. Did you return to the polling place? A. "I did. Q. How many policemen accom panied you? A. There was the serge ant and two policemen. Q. In the patrol wagon? A. In the patrol wagon myself and Mr. Elton re turned. Q. What happened when you got back to the polling place? A. I think the sergeant made inquiry where ' that policeman was that had been there; he had disappeared from the polling place, that is the police- man who had me there, and ne was told the policeman had gone to break fast and the sergeant seemed to be dis satisfied with the answer, and .1 think started off and said he had no business to go to breakfast that time of day. Q. What did the two policemen do? - - - - rr-. -1 1 1 " A. They stayed right near us.. Q. Was there no violence offered you at that time? A. Well, no personal violence.- Q. Were your tickets taken away from you? A. Yes sir. Q. Did the police witness that? A. Well, I do not know, but they pretend ed not to see it, but the tickets were torn out of my hands and torn into in that way. (Witness illustrates with his hand.) The man that had both ends of the torn tickets in his hands was there, and I asked the police to arrest him. Q. What did the officer say? A. He fretended not to have seen it, and said would have to get a , warrant, or something like that. Q. He refused to arrest him? A. He did not arrest him. Q. Now you may state whether any of those tickets had on them the name of Mr. Powers? A. Yes sir, I voted that ticket myself. Q. Was there any person with you at that time? A. Yes, sir. Mr. Elton was with me. Q. He returned with you in the patrol wagon? A. Yes, sir. Q. Was there any violence offered to Mr. Elton? A. I think his tickets were taken away from him the same as mine. Q. How long did you remain at the polling place at that time? A. Prob ably five or ten minutes. Q. What did you do then? A. My tickets were first taken out of my hands and torn up and I had some others in my pocket, and some personal rights league man says, "why don't you keep your tickets in your pockets, as we do," and some one took them out of my pocket. Q. Do you mean to say these men went through your pockets? A.- They took them out of my outside overcoat pocket. Q. Did you give them your consent to do that? A. I did not Q. They took them 'without your consent? "Yes, sir. Q. Did any of those tickets have on them the name of Mr. Powers?, A. Ys sir Q. What became of them? A Why they were destroyed, I suppose; they were taken away from me. ' Q. You may state whether or not the police came to you and advised you to leave the polling place. A. They were there already by me, and. they told me they thought it would be useless for me to stay, and 1 1 aw myself it was useless for me to stay any more at the polls. . . Q, Did the .policemen that were at the polls extend any protection to you? A. They did not. One of the police men told me, he says, "we can't stay here all day,' and I think it would be useless for you to stay; you can not do a thing, and would be the cause of a disturbance all day." ' Q. Did they say any thing about being unable to protect you in the face of that crowd, or anything like that? A. They did not say they were unable to. Q. But they did advise you to leave? A. Yes sir. - I was approached also L a man bearing personal rights badge, and the mau says, "Now here, I am a friend of yours and I believe in fair play; I am a democrat, but it would be impossible for me to assist you in any way to protect vou." Q. Had you applied to him for assist ance? A. No sir. Q. Do you know who he was? A. No sir. ... Q. His action was perfectly gratud- oustheu? A. Ies sir. Q. What was the condition of things at that polling place with reference to the crowd being peaceable, or to there being a mob? A. Well, they seemed to be peaceable. They seemed to be piet- I ty generally for Powers, except one, he was a pronioitionisc. WJ. h or whom? A. JtJoyd. Q. You said Powers. A. But I meant Boyd. Q. They were peaceable as long as nobody interfered with them on the governor? A. .Wed, I do not think we were interfering with U'ovd at all. as long as there was no opposition. Q. As long as no efforts were made on behalf of anybody vise? A I said those personal r'ghts men also said to me. "If the prohibitionists would stay i awav from the polls, I think there would 1 be no trouble," and I told him that , would be the case in Mississippi, if the negroes staid away'from the polls. Q. Where did you go then? A. The I police started to escort us out of the crowd. I think there was one of the policemen in the rear and we walked iu single file, one in front and Mr. Elton and I in the middle, and we started off Probably about one-third of the crowd that was at the polling place hooted and leered and uttered imprecations and i threw eggs. " Q How far did the police, escort you? A. They escorted us nearly to the viaduct probably within a block or half of it; I think a half block Q. . What distance was that from the polling place? -A. Well I could not state exactly. I think about three or four blocks. j. C. WThat had become of this crowd that was following you? A. They still 1 lollowed us. and when we stopped at that point, they went on and got on the i viaduct, quite a number of them. ! Q. About how many of them went on the viaduct? A. Oh, probably 4U or 50. : Q. Then what did the police do at that time? A. The police stopped there and said, "we cannot go anv lurther as -it will bo leaving our beat." I remon strated with them and said it looked very badly for them to take us that far and turn us loosfc to the mob. Q. State whether or not that mob was between you and the street leading back into the town across the viaduct A. Yes. sir. j Q. You could not have gotten back to town without going through the crowd A. ies, sir, there was a man ap proached us while we stood there and he was a colored man, quite an intelli gent appearing colored man, and ad v:sed us to slip around the other street and get around the mob. - He said the mob would kill us it we tried to cross the viaduct, and I told him I thought we had the policemen there and that our lives would be protected. Q. Did the mob still continue on? w A. They stopped there at the mouth of the viaduct. : - - . - 1 Q. Did the police desert you at that point? A. No sir, I told them that I demanded their protection, and just at that time there was a motorcame along ' and we were put into a close car with a policeman at each end, and they took us through the cro-vd, and they gotoff and went back to the station, I think: Q. State whether or not you con- sidered it necessary for the police to take these precautions in order to get vou safely back to town. A. It looked ... .. . . 1 u tuittla fn1 nmit and they had there hands full of eg stones, and shooK them ana ca illed us I very vile names. Q. Did they call you bad names be jfore that time? A. Well, I should think so. I Q. State some of the things. Just repeat some of those things they said to you.- A. Well, I think they exhausted the vocabulary of vile , terms. They called us sons-of-bitches and other such names. Q Do you recollect any of the epi thets they applied to you? A. Yes sir, I think I heard some of them, but they were epithets I would not care to use. Q. But it in no way reflects on you? A., Yes sir, but they will appear before the legislature and I would not care to have them appear if there are any ladies present. Q. Did they make threats against you? A. Yes sir, I was threatened witn being hang. C2. - State, from what you know 01 that crowd, whether you believe they would have executed these threats? A. Well, they showed, a pretty good desire to carry them out. They threw deadly missiles, and if I had been struck on the head or some vital part with them 1 be- ieve I would have been killed. Q. State whether or not from what you Know 01 the cnaracter 01 tnat crowd, you believe that they meant to carry out their threats? A. I think they did. U. State whether vou left the polling place for the sole reason that you con sidered yourselves in danger? A. Yes sir, I think if I had . been there very much longer the first time I would have been killed. Q. It was because vou wanted to se- cure your own personal saiety alone that you left there? A. Ies sir. U. Were there anv challenges in that precinct? A. I very good opportunity didn't .nave a to investigate that Q. Did you see any challengers? A. No sir. Q. Do you believe it would have been safe there for you to attempt to chal- enge?. A. 1 think; not R. Either as a republican, independ ent or prohibitionist? A. I think not. O. And vour opinion is based upon what you saw and experienced at tnat precinct? A. ies sir. ' U. Did you see any democratic, challengers there? A. I did not. II Iia vrii f h 1 r I- ifr tr Aiiln hoira hAfln safe to challenge a democratic voter there? A. I could not say as to that. Q. Where did you go next?, A. I went to the chief of police the second time. Q. You went back to the office of the chief of police? A. Yes sir. (4. What was said at that time? A. told the chief that we had been com- pelled to leave the polls and he said that e had despatched a squad of men to shat point,, and I believe he said his men were under instructions. When I poke to him about protecting people he said his men had been instructed what their duty was. -Q. Did he insist on your return to that precinct? A. No sir. U. Did he offer to extend any protec tion to you if you would go back? A. Not directly; but he sent word to me I don't know whether it was sent to me, but he said if any one wanted to go baek ne would send the patrol wagon and fifty men. Q. Did you go back any more? A. 1 did not. Q. From what you saw and experi enced at that precinct, state whether or not yoa consider that was a free elec tion. Mr. Harwood objects as incompetent. A. I didn't see any one prevented rom voting there. . Q. Just answer the question whether or not,- from what you saw do you think that was a free election? A. I cannot say .as to the actual exercise 01 tne franchise. Q. You know that you were prevent- eel irom nanaung tiCKets merer a. Yes sir. Q. And you know Mr. Elton was pre vented from handling tickets there? A. Yes sir; from distributing tickets. Q. You were a citizen of Omaha? A. Yes sir. Q. And you had a right to bo there? A. Well, I suppose so. Q. Were the Boyd men prevented from handling tickets there? A. I didn't see any. Q. You did not see any tickets taken away from them? A. Yes sir. Q. You did not hear of any? A. No sir. Q. What do you say as to whether or not it was free "so far as you and Mr. Elton are concerned? Objected to by Mr. Harwood as in competent, and the subject has been gone over before. A. It was not free to distribute tickets there; that is all. We were not voters there. Q. In the face of the violence, was it possible for it to be a free ejection? Objected to by Mr. Harwood as im material and having been gone over be fore. A. .Well, in my opinion, I should say no. " - , Q. I will ask you to state whether or not all those persons who were driven from the polls were not working against Mr. Boyd? A. There wree two all that I know of being driven away. I think that I was'myself against tioyd, but I don't know as to the other man. Q. You do not know of anybody else besides yourself and Mr. Elton who were there handling those tickets? A. No sir. CROSS-EXAMINATION, By N. S. Harwood, Esq Q. You were working there for Boyd? A. No sir. Q. Weren't you peddling tick ets with Boyd's name on? A. I was not working for Boyd, no sir; but I had some of his tickets. Q. What were you peddling Boyd tickets for? A. Simply if a man want ed one, and wanted to vote for the amendment too. Q. You were peddling Boyd tickets just the same as you were Powers tick ets? A. Oh no, but if a man requested one and wanted to vote for the Amend ment. " . Q. But you "were peddling Boyd tickets? A. I was not peddling them. Q. You were handing them out to voters? A. I was handinr them out so if a voter wanted one I would have them. , r Q. You were handling Paine tickets? ! A. Yes sir, if a man requested it. Q. You were working simply for the amendment? A. I was working for Powers and the amendment, Q. You had ticket with Bojds nfme jj0lWjlnslttuninor juaiinusian oogies, 1 like that. The crowd was there